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Case Name Moallin v. Cangemi IM-MN-0006
Docket / Court No. 05-CV-1826(JMR/SRN) ( D. Minn. )
State/Territory Minnesota
Case Type(s) Immigration
Case Summary
On August 15, 2005, a Somali refugee who was detained by the Bureau of Immigration and Customs Enforcement (ICE) pending removal filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota. Because Petitioner received several ... read more >
On August 15, 2005, a Somali refugee who was detained by the Bureau of Immigration and Customs Enforcement (ICE) pending removal filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota. Because Petitioner received several criminal convictions, the ICE sought to revoke his lawful permanent resident status and deport him pursuant to the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii)-(iii).

Petitioner claimed that his detention in custody was unlawful under Zadvydas v. Davis, 533 U.S. 678, (2001). Specifically, Petitoner asserted that his custody had exceeded 6 months and that it was unlikely that he would be deported to Somalia in light of the lack of a functioning government there. He argued that the government had to either deport him to Somalia, or release him from custody.

On April 21, 2006, the District Court (Judge Michael J. Rosenbaum) adopted the Magistrate's Report and Recommendation and ordered that Petitioner be released from custody on grounds that there was no significant likelihood that his removal could be accomplished in near future. The ICE was to be made aware of his whereabouts pending further removal proceedings. Moallin v. Cangemi, 427 F. Supp. 2d. 908 (D. Minn. 2006).

We have no further information on this case.

Stephen Imm - 08/23/2007


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Issues and Causes of Action
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Issues
General
Habeas Corpus
Immigration
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Detention - conditions
Detention - criteria
Detention - procedures
Refugees
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Bureau of Immigration and Customs Enforcement (ICE)
Plaintiff Description Somali national detained by Immigration and Customs Enforcement pending removal on account of criminal convictions
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Unknown
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2006 - n/a
Case Closing Year 2006
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
05-CV-1826 (JMR/SRN) (D. Minn.) 04/21/2006
IM-MN-0006-9000 PDF | Detail
General Documents
Opinion 04/12/2006 (427 F.Supp.2d 908) (D. Minn.)
IM-MN-0006-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Nelson, Susan Richard (D. Minn.) [Magistrate]
IM-MN-0006-9000
Rosenbaum, James Michael (D. Minn.)
IM-MN-0006-0001 | IM-MN-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Menendez, Katherine (Minnesota)
IM-MN-0006-0001 | IM-MN-0006-9000
Defendant's Lawyers Humes, Joan D. (Minnesota)
IM-MN-0006-0001 | IM-MN-0006-9000
Millenacker, Robyn A (Minnesota)
IM-MN-0006-9000
Other Lawyers None on record

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